Sentences with phrase «appeal is on the record»

If you do not indicate which type of appeal you want, the appeal is on the record.

Not exact matches

One credit card number costs mere pennies on the black market, but one medical record can be worth about $ 100, making it a much more appealing target, he said.

The FCC fined CBS a record $ 500,000 over the Jackson incident, though that fine was eventually overturned on appeal.

The Decisive Guide To Finding High Dividend Stocks With rates on your savings at record lows, dividend stocks have never been so appealing.

Where the Pride's record sits is a matter of some debate though, and that answer will depend on the CIF's decision on an appeal of forfeits by Oakland Athletic League front - runner McClymonds.

British javelin record - holder Goldie Sayers has been included on UK Athletics» top - level Olympic funding programme following a successful appeal over her original omission.

I've been on record as noting that I really don't understand the appeal of homebirth.

Oral arguments are scheduled to take place in the U.S. Court of Appeals on Thursday in a years - long civil litigation over the U.S. Department of Justice's failure to fully release under FOIA records about the prosecution of activists over their activism.

While he criticized the legislation for putting «a substantial burden on state agencies,» he's now ordering agencies to «adhere to the spirit» of the bill by «mov [ing] post-haste in filing a notice of appeal, setting the record on appeal, and filing a brief, within 60 days, absent extremely complex matters or extraordinary circumstances outside agency control.»

Property owners filed a record 55,000 tax appeals this year, and the number of successful challenges is also on the rise.

A welter of post-victory punditry is pulling him in many directions; he must defend Labour's record but explain what went wrong; land a blow on the coalition but appeal to disaffected Liberal Democrats; and rally the troops while appealing to the nation.

Republican NYC mayoral candidate Nicole Malliotakis» appeal as a child of immigrants is the root of her political career, yet it may be compromised by her conservative voting record and positions on issues that directly affect many of those same people.

The resulting lawsuit made it to the Court of Appeals, where the final decision determined that while Espada's enrollment could not be challenged based on his legislative record, the party's county chair did indeed have the power, as described in state election law, to «determine that the voter is not in sympathy with the principles of such party.»

State law says that if a denial of access to records is sustained on appeal, an agency must «fully explain in writing... the reasons for further denial.»

Bharara has already seen his record on Albany corruption tained after his high - profile convictions of former Senate Majority Leader Dean Skelos (R - Nassau County) and ex-Assembly Speaker Sheldon Silver (D - Manhattan) were overturned on appeal as a result of a U.S. Supreme Court decision that came out after their trials that limited what is considered bribery.

A Manhattan appeals court ruled on Thursday in two separate lawsuits that a long - established but contentious provision of the New York civil rights code prevents the disciplinary records of city police officers from being publicly released.

The data are derived from Norway's Social Security Registers that contain complete records for all individuals who entered the disability insurance program, as well as administrative data from the hearing office on all appeals from 1989 to 2011.

We know what's in the record of evidence, and we have a high degree of confidence that we will prevail on appeal.»

(Calif.) Reversing a prior decision, an appeals court ruled this week that private communications sent on personal electronic devices and saved on private data systems are not subject to disclosure under the California Public Records Act.

(d) If any State is dissatisfied with the Secretary's action under subsection (b) or (c) of this section, such State may appeal to the United States district court for the district where the capital of such State is located and judicial review of such action shall be on the record in accordance with the provisions of chapter 7 of title 5, United States Code.

Only the information originally available to the recipient will be considered during the appeal and the Department bases its decision solely on the administrative record.

The Lamborghini telemetry system is an optional specification: recording lap times and track performance as well as trip data, the telemetry system is especially appealing to the owner who wants to take his car on track.

With a solid record of letters, diaries, and news reports to draw from, Nimura brings the girls and their late nineteenth - century exploits to life in a narrative that feels like an international variation on Louisa May Alcott's Little Women, so very appealing and delightful are their historic stories.

The parties have been unable to agree upon any of the matters of substance, in particular on the form of and territorial extent of any injunctive relief, upon the extent of any Island Records v Tring disclosure (relevant to the election of an inquiry as to damages or an account of profits), upon whether and if so in what form there should be an order for publicity of the judgment as an enforcement measure, upon the appropriate basis and order as to costs, upon whether the Claimants» costs should be reduced by reason of the fact that for a period an exclusive licence was not registered, upon the extent of any CPR 31.22 order in relation to alleged confidential information, upon whether there should be permission to appeal and upon whether there should be a stay pending any appeal.»

A transferee servicer may be unable to make a determination on an appeal when, for example, the transferor servicer denied a borrower for a loan modification option that the transferee servicer does not offer or when the transferee servicer receives the mortgage loan through an involuntary transfer and the transferor servicer failed to maintain proper records such that the transferee servicer lacks sufficient information to review the appeal.

With such a track record and heavy emphasis on sci - fi, Hoffman is already contributing heavily to the game's look and feel, while keeping their grounded - in - science appeal.

The last thing he needs now is to get called on the record about evolution and stem cell research, if he wants to keep his appeal to independents yet reach out to conservatives.

They've put out an appeal to the Kickstarter community, and are well over half way to their goal of raising $ 28,000 - an amount that they note would pay for someone else to record one album, or create a space for them to go on generating music for years.

That proof is to the criminal standard was confirmed in Mubarak; and by the time of Karoonian v CMEC [ie CSA]; Gibbons v CMEC [2012] EWCA Civ 1379, [2012] All ER (D) 316 (Oct) the Court of Appeal recorded (per Richards LJ): «The court must be satisfied to the criminal standard, on the basis of all the evidence before it, that there has been wilful refusal or culpable neglect.

The court cited a number of factors personal to him, including that he had been admitted to practice both in California and before the 1st U.S. Circuit Court of Appeals, had a stellar academic record and was valedictorian of his class, had scored well on the California bar exam and on the MPRE, and, through his representation of himself in his own case, had provided a «positive illustration of his skills.»

Being a one - stop shop may sound appealing in theory, but prevents you from connecting with people in verticals or industries in which your firm could stand out based on its track record and existing relationships.

Mitchell had already been admitted to practice both in California and before the 1st U.S. Circuit Court of Appeals, had a stellar academic record and was valedictorian of his class, had scored well on the California bar exam and on the MPRE, and, through his representation of himself in his admission case, had provided a «positive illustration of his skills.»

The appellate court judges are required to presume the jury's decisions at trial were correct — as long as the record on appeal contains evidence to support the jury's verdict.

Brian is correct in that an oral motion ON THE RECORD is as effective as a written motion for appeals purposes.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against sentence was allowed — Trial judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public interest.

This may not sound like an earth shattering proposition, but what is so unique about John's blog is that he discusses the judgements awarded after reviewing the records on appeal and analyzing the plaintiff's underlying injuries, many of which are not disclosed in the published cases.

It is also necessary to file a Notice Designating the Record on Appeal with the appellate court detailing the specific points that form the basis of the aAppeal with the appellate court detailing the specific points that form the basis of the appealappeal.

He had also achieved great amounts of success that included securing an acquittal at trial for a client charged with possessing a controlled substance, obtaining a discharge for a client charged with domestic assault when the Crown wanted a conviction and permanent criminal record, and drafting an appeal factum that resulted in the overturning of a conviction for possession of marijuana on grounds that the client's Charter right to speak to a lawyer was violated.

To make matters worse, if you use the «Reflex Record» on the Court of Appeal's page, you get, not the dismissal of application of the leave to appeal, but a reference to «a related decision», Superintendent of Financial Services v. National Bank of Canada, Informal Committee of Noteholders and Ernst & Young Inc., in it's [sic] capacity as Court - Appointed Monitor, Qit - Fer et Titane Inc. and Bank of Nova Scotia, 2007 CanLII 15978 (S.C.C.) where leave to appeal another decision was Appeal's page, you get, not the dismissal of application of the leave to appeal, but a reference to «a related decision», Superintendent of Financial Services v. National Bank of Canada, Informal Committee of Noteholders and Ernst & Young Inc., in it's [sic] capacity as Court - Appointed Monitor, Qit - Fer et Titane Inc. and Bank of Nova Scotia, 2007 CanLII 15978 (S.C.C.) where leave to appeal another decision was appeal, but a reference to «a related decision», Superintendent of Financial Services v. National Bank of Canada, Informal Committee of Noteholders and Ernst & Young Inc., in it's [sic] capacity as Court - Appointed Monitor, Qit - Fer et Titane Inc. and Bank of Nova Scotia, 2007 CanLII 15978 (S.C.C.) where leave to appeal another decision was appeal another decision was given!

Since cases proceed on the written record on appeal with no witnesses present, a more permissive policy will be in place, which will also allow members of the public to use electronic devices to send or receive text.

Such a process may appeal to academics but would be very hard on record managers and on lawyers and judges trying to advise on or decide what records would be admissible from time to time and how.

[4] Under the new rules, which continue to apply today, summary convictions appeals from decisions of provincially appointed judges are almost invariably made on the basis of the existing record.

In reaching its decision, the panel highlighted that there was «no evidence in the record on appeal to suggest that the Association ever asserted that the parties were merely mediating and were not arbitrating their disputes.»

It makes no sense, and is fundamentally unfair, to place the burden for creating an adequate record for appeal on criminal defendants rather than district court judges.

This is a writ of error to the County Court of Oneida County, in the State of New York (to which court the record had been remitted), to review the judgment of the Court of Appeal of that State affirming the judgment of the Supreme Court, which itself affirmed the judgment of the County Court, convicting the defendant of a misdemeanor on an indictment under a statute of that State, known, by its short title, as the labor

Ordinarily, the only questions in a appeal on the record will be whether the trial judge properly understood the law, and whether he or she properly applied the law to the facts that were found to exist.

The record means the aggregate of papers relating to an appeal proper (including the pleadings, proceedings, evidence, judgments and order granting leave to appeal) to be laid before Her Majesty in council on the hearing of the appeal.

Although there was a dearth of evidence in the trial record bearing on the standard of care owed by the agent, the Court of Appeal found the Code of Ethics provided sufficient grounds to determine that the agent had not met the appropriate standard.

What makes this latter case notable is that it took the D.C. Court of Appeals almost five years to decide the case — with the lawyer continuing to practice all the while — and the court excused the lawyer's failure to maintain financial records based on his excuse that he forget them when he moved his office.

All were agreed that the appeal must be allowed with the result that, at the end of a process which started with allegations made in August 2014, and in included a substantial trial before a High Court Judge, any findings of fact made by the Judge and recorded in her oral determinations made in December 2016 and on 30 January 2017 must be set aside and must be disregarded in any future dealings with this family.